In Waikato, a dissolution of marriage based on child abuse or any form of abuse or where there is domestic violence, would get a faster hearing if the applicant (spouse who filed the application for divorce) can prove that the other spouse is guilty of the offence complained about. Sometimes, these behaviours are caused because of the mental instability or addiction of the other spouse.
The term mental instability according to the law means an abnormal state of mind where;
1) The other spouse is a serious danger to your health or the health of the children,
2) The other spouse can’t take proper care of themselves.
You would have to prove that the other spouse is mentally unstable by a certified authority. In situations where the other spouse may need mental evaluation but refuse this help because they believe they are perfectly fine. You can ask for help from your local Mental Health Service to give an evaluation of the other spouse under the Mental Health (Compulsory Assessment and Treatment) Act. In such instances where the results proves that the other spouse needs mental treatment, the mental health service can apply to the Family Court to grant an order for compulsory treatment.
If the other spouse becomes a patient under this act, their right to refuse treatment would be overridden to ensure they do not end up committing suicide or harming other people and the court would order a regular appearance for assessment.
When the abuse is based on intoxication such as alcohol or drugs, you can prove this by asking the Family Court to give an order compelling the other spouse to undergoan addiction treatment which is known as an Order for Detention and Treatment.However before applying such order, you need to make provisions for a place where your spouse would get such treatment as the court can only grant the order but not provide a facility for treatment. Applications of such order are most times done by family members or the police in cases of abuse.
To make an application for an Order of Detention and Treatment, your application should contain the reasons for your application and instances when your reasons happened (in cases of abuse). A spouse filing for the application for divorce should visit Divorcenz.com for legal advice and assistance on how to use the claim of insanity as a ground for dissolution.
